Identifier
Created
Classification
Origin
04LAGOS767
2004-04-08 08:33:00
CONFIDENTIAL//NOFORN
Consulate Lagos
Cable title:  

SCANDAL BREWING OVER NIGERIAN FUEL IMPORTS

Tags:  EPET EINV EFIN PGOV NI 
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C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 000767 

SIPDIS

NOFORN

E.O. 12958: DECL: 04/07/2014
TAGS: EPET EINV EFIN PGOV NI
SUBJECT: SCANDAL BREWING OVER NIGERIAN FUEL IMPORTS


Classified By: J. GREGOIRE FOR REASONS 1.5 (B),(D),AND (E).

C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 000767

SIPDIS

NOFORN

E.O. 12958: DECL: 04/07/2014
TAGS: EPET EINV EFIN PGOV NI
SUBJECT: SCANDAL BREWING OVER NIGERIAN FUEL IMPORTS


Classified By: J. GREGOIRE FOR REASONS 1.5 (B),(D),AND (E).


1. (C) SUMMARY. A scandal is brewing in Nigeria over prices
paid by the government for imported fuel. International fuel
traders have been falsifying the dates of bills of lading to
reflect particularly high market prices, overcharging the
Nigerian National Petroleum Corporation (NNPC) by $300
million or more. END SUMMARY.


2. (C N/F) On April 2, Chris Finlayson, Chairman and Managing
Director of Shell Petroleum Development Corporation of
Nigeria (SPDC),told Consul General and Econoff that a
scandal is brewing within the NNPC over payments made to
international fuel marketers. Finlayson said some marketers
have been changing the dates when fuel shipments bound for
Nigeria were loaded in order to take advantage of
particularly high market prices. He said the total
overpayment by NNPC may be as high as $330 million.
Finlayson noted that Shell is not one of the marketers in
question, but is becoming a leading fuel supplier for NNPC.


3. (C N/F) On April 6, Femi Otedola, President and CEO of
Zenon Petroleum and Gas, the largest supplier of diesel fuel
in Nigeria, essentially corroborated Finlayson's report.
Otedola said over $300 million has been overpaid by NNPC for
fuel imports, and that many leading international traders are
involved. According to Otedola, NNPC contracts to pay its
suppliers the market price on the day a ship is loaded with
fuel. He said NNPC recently discovered, however, that bills
of lading were altered to reflect loading on days of high
market prices. Discrepancies were found when comparing dates
on the bills of lading with dates of landing in Lagos.


4. (C N/F) Pointing to examples, Otedola said that while a
tanker loading fuel at a refinery in Bahrain usually takes
four weeks to arrive in Lagos, comparisons between the bills
of lading and dates of arrival of some shipments reflected
only a four-day difference, and in other cases, if taken at
face value, indicated the journey took nine months. Otedola
said 73 shipments from refineries in the Persian Gulf,

England, and Venezuela listed delivery times of only one day.
NNPC is attempting to get compensation for the over-charge.
Otedola went on that most of the fuel traders supplying
Nigeria are implicated in over-charging NNPC, and showed a
list of 17 companies that supplied fuel in the first quarter
of 2004, several of which, he said, are significant players
in international markets, such as Trafigura and Vitol.
Otedola added that three companies clearly not involved in
the scandal are British Petroleum, ChevronTexaco and Shell.


5. (C N/F) Otedola recommended that NNPC stop contracting
with international fuel traders and negotiate purchases
directly from refineries worldwide. According to him, such a
move would have two positive effects. Otedola calculates
that NNPC would save some four billion dollars a year in
expenditures on imported fuel. (Note: Prior to deregulation
in October 2003, NNPC, then the sole importer of fuel, lost
two billion dollars per year because it sold stock to
retailers below purchase price. After October 2003, NNPC
initially stopped subsidizing fuel sales, letting marketers
import fuel to be sold at market prices. However, sources
agree that NNPC is back in the business of subsidizing
gasoline sales while it maintains a facade of deregulation by
encouraging private marketers to import fuel that NNPC
purchases at market price. NNPC then sells the fuel to
marketers and retailers at a reduced price to ensure that
those companies maintain a profit margin while holding
consumer prices to informal caps set by the Department of
Petroleum Resources. End Note.)


6. (C N/F) Otedola added that by cutting out the
international traders, NNPC would also enhance the
environment in which Nigeria's refineries could be restored
and operated. Otedola said he believes international fuel
trade "mafias" are behind the failure to bring Nigeria's
refineries back on-line and to capacity. Otedola is
convinced these traders arrange for the vandalization of
crude oil feeder pipelines, which keep the refineries at Port
Harcourt, Warri and Kaduna closed or under-capacity. He said
the international traders generally receive at least one
million dollars per shipload of fuel to Nigeria and have
grown accustomed to the easy money Nigeria offers as long its
refineries remain down.


7. (C N/F) As an example, Otedola described an arrangement
the National Electric Power Authority (NEPA) had with Sahara
Energy for the provision of diesel to an emergency power
generation plant in Abuja. He said that while a pipeline was
under construction to deliver fuel to the main power plant,
NEPA paid some five billion dollars to Sahara over four years
for diesel to the back-up plant. It was later discovered
that NEPA had received only about one billion dollars worth
of fuel, according to Otedola. Otedola said that he, too,
was contracted to deliver diesel fuel to the plant on
occasion; however, he petitioned the president to investigate
the matter after becoming suspicious of NEPA's ongoing
contract with Sahara and the fact that the pipeline for the
power plant was never finished. He said his intervention led
to an investigation that ultimately resulted in the
cancellation of NEPA's contract with Sahara.


8. (C N/F) COMMENT: The allegation that international
traders bilked NNPC of hundreds of millions of dollars is yet
another example of the poor management of Nigeria's energy
sector, and highlights the complex links between crude sales,
fuel importation, refinery maintenance, and energy production
here. Otedola is probably right in suggesting that
long-standing sweetheart deals between the NNPC and a variety
of fuel traders is keeping the system inefficient. That may
also explain why the GON just can't seem to get its
refineries running even after spending a billion dollars or
more on maintenance contracts over the last four years.
Otedola said he initially bid to purchase the Port Harcourt
refinery offered for privatization, but he recently told
President Obasanjo he will not invest in the refinery so long
as NNPC purchases fuel from traders instead of negotiating
directly with refineries in other countries and leasing ships
itself to deliver fuel to Nigeria. It is not clear if
Otedola's assumption that the international traders' stake in
Nigeria's current fuel market is the main driver behind the
country's refinery woes. But it is clear that the
fundamentals of infrastructure security, interim supply
stability, and transactional transparency must still be
addressed if the GON is to be taken seriously about its
efforts to deregulate and largely privatize Nigeria's
downstream petroleum sector. END COMMENT.
HINSON-JONES